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发帖数: 67 | 1 律师信件如下：
A requirement for J-1 nonimmigrant eligibility is that an alien seeking such
classification have nonimmigrant intent rather than immigrant intent. In
other words, an alien may not intend to remain permanently in the United
States (i.e. immigrant intent) without jeopardizing his or her nonimmigrant
status. This requirement usually manifests itself as:
a need to maintain an unabandoned foreign residence abroad; and
a presumption that the alien is an immigrant until the contrary is
established.
However, not all nonimmigrant categories are subject to these requirements.
Where they do not apply, it is often possible to apply the doctrine of "dual
intent". Dual intent means an intention to immigrate at some time in the
future while properly maintaining a nonimmigrant status in the present. Hs
and Ls, for example, are exempt from this requirement.
Dual intent is not recognized for J-1 visa holders. The filing of an I-140
is direct evidence of intent to remain in the U.S. Thus, while you could
possibly file the I-140 while in J status, you run the risk of having to
return to your home country during the pendency of said filing and being
forced to Consular Process, which would slow the process down significantly. |
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